Case Last Refreshed: 4 months ago
Berkshire Bank, filed a(n) Breach of Contract - Commercial case represented by Theodore, Esq., Michael H, against El Chaday, Inc., Jean, Yves Y., Jehovah Jureh, Inc, in the jurisdiction of Middlesex County, MA, . Middlesex County, MA Superior Courts with Sarah W. Ellis presiding.
Case Number |
JudgeSarah W. Ellis Track Judge’s New Cases |
Filing DateMarch 15, 2021 |
CategoryContract / Business Cases |
Last RefreshedDecember 12, 2023 |
Practice AreaCommercial |
Filing LocationMiddlesex County, MA |
Matter TypeBreach of Contract |
Plaintiff Berkshire Bank's Motion to appoint Quickserv as Special Process Server
Date: March 15, 2021| Date | Type | Description | |
|---|---|---|---|
| May 04, 2023 | Docket Event | Endorsement on Motion to Access Damages and to Enter Final Judgment (#13.0): ALLOWED Dated 5/4/23 After hearing and for the reasons stated in open Court this date, the Motion is ALLOWED. (Bloomer,J.) Copy mailed. | |
| May 04, 2023 | Docket Event | ORDER: FINAL JUDGMENT AND PERMANENT INJUNCTION After notice and hearing, thereon and in due consideration of the Affidavits filed by Plaintiff, Berkshire Bank, successor-in-interest to Commerce Bank & Trust Company (hereinafter the "Plaintiff") in support of its Motion to Assess Damages and to Enter Final Judgment, it is hereby ORDERED, ADJUDGED, DECREED as follows: 1. That the Final Judgment is hereby entered, pursuant to Counts I and II of the Plaintiff's Verified Complaint, in favor of the Plaintiff and against the Defendants, El Chalday, Inc. and Yves Y. Jean, jointly severally, in the amount of $261,187.64; 2. That Final Judgment is hereby entered, pursuant to counts III and IV of the Plaintiff's Verified Complaint, in favor of the Plaintiff and against the Defendants, Jehovah Jureh, and Yves Y. Jean, jointly severally, in the amount of $255,262.18; 3. That Plaintiff is awarded reasonable attorneys fees in the amount of $4,504.50 and legal expenses in the amount of $747.02. 4. That the Defendant, El Chalday, Inc. and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is permanently retrained and enjoined from using, concealing, hypothecating or transferring in any way their hackney carriage license evidenced by a certain medallion issued by the Boston Police Commissioner of the City of Boston, numbered 1075 for the year 2014 and all renewals thereof (the "El Chalday Medallion") unless otherwise expressly granted in writing by the Plaintiff; 5. That Defendant El Chaldy, Inc.and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is ordered to refrain from interfering with the Plaintiff's right to remove, repossess and liquidate the El Chalday Medallion unless otherwise expressly granted in writing by Plaintiff; and 6. That Defendant El Chaldy, Inc.and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is ordered to deliver the Medallion to Boston Police Department, Hackney Carriage Division, One Schroeder Place, Boston, MA 02120, or otherwise expressly authorized by the Plaintiff in writing. 7. That the Defendant, Jehovah Jureh, Inc. and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is permanently restrained and enjoined from using, concealing, hypothecating or transferring in any way their hackney carriage license evidenced by a certain medallion issued by the Boston Police Commissioner of the City of Boston, numbered 1825 for the year 2014, and all renewals thereof (the "Jehovah Jureh Medallion") unless other expressly granted in writing by the Plaintiff; 8. That the Defendant, Jehovah Jureh, Inc. and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them is ordered to refrain from interfering with the Plaintiff's right to remove, repossess and liquidate the Jehovah Jureh Medallion unless otherwise granted in writing by the Plaintiff; and 9. That the Defendant, Jehovah Jureh, Inc. and its officers, directors, shareholders, members, managers, agents, servants, employees, and those acting in concert with them, is ordered to deliver the Medallion to Boston Police Department, Hackney Carriage Division, One Schroder Place, Boston, MA 02120, or otherwise deliver the Medallion to the Plaintiff, unless otherwise expressly authorized by Plaintiff in writing. Dated 5/3/23 (Bloomer,J.) Certified copy mailed. | |
| May 03, 2023 | Docket Event |
Event Result:: Damage Assessment Hearing scheduled on: 05/03/2023 02:00 PM Has been: Held via Video/Teleconference For the following reason: Defendant failed to appear Hon. William F Bloomer, Presiding Appeared: Plaintiff Russell Haverty, Esq., Staff: Arthur T DeGuglielmo, Assistant Clerk Magistrate
Judge: Bloomer, William F |
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| April 24, 2023 | Docket Event | Affidavit of counsel in support of assessment of attorney's fees. | |
| April 24, 2023 | Docket Event | Affidavit of plaintiff in support of assessment of damages against defendants. | |
| January 12, 2023 | Docket Event | Endorsement on Motion to Assess Damages and Enter Final Judgment (#13.0): DENIED After hearing - DENIED without Prejudice for Lack of Service. Dated: January 11, 2023 Judge: Pappas, Hon. John P | |
| January 11, 2023 | Docket Event |
Event Result:: Damage Assessment Hearing scheduled on: 01/11/2023 02:00 PM Has been: Held as Scheduled For the following reason: No Proper Notice to Parties Comments: To be re-noticed Hon. John P Pappas, Presiding Appeared: Plaintiff Michael H Theodore, Esq.,
Judge: Pappas, John P |
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| January 03, 2023 | Docket Event | Exhibits/Appendix Copy of the Letter notifying the defendants of the Hearing on Assessment of Damages. | |
| January 03, 2023 | Docket Event | Certificate of service of attorney or Pro Se: Michael H Theodore, Esq. Applies To: Theodore, Esq., Michael H (Attorney) on behalf of Berkshire Bank (Plaintiff) | |
| January 03, 2023 | Docket Event | Proposed Filings/Orders Final Judgement and Permanent Injuction Applies To: Berkshire Bank (Plaintiff) |
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